8.01-569 - When petition dismissed; when retained and cause tried. - Virginia Statutes

§ 8.01-569. When petition dismissed; when retained and cause tried.

If the principal defendant has not appeared generally, nor been served withprocess, and the sole ground of jurisdiction of the court is the right to sueout the attachment, and this right be decided against the plaintiff, thepetition shall be dismissed at the cost of the plaintiff; but if theplaintiff's claim be due at the hearing, and the court would otherwise havejurisdiction of an action against such defendant for the cause set forth inthe petition, and such defendant has appeared generally, or been served withprocess, it shall retain the cause and proceed to final judgment as in otheractions at law.

(Code 1950, § 8-557; 1977, c. 617.)